EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 210
MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT)
(Issued with the authority of the Minister for Industrial Relations)
Section 5 of the Maternity Leave (Commonwealth Employees) Act 1973 (the Act) extends the Act’s application to, amongst others, “such persons employed by a prescribed authority”. “prescribed authority” is defined in section 3 of the Act as including a body corporate declared by the regulations to be a body corporate in relation to which the Act applies.
Section 15 of the Act provides that the Governor-General “may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carring out or giving effect to this Act.”.
Regulation 4 of the Maternity Leave (Commonwealth Employees) Regulations provides that a body specified in Schedule 1 to the Regulations is a body corporate for the purposes of the definition of prescribed authorities in relation to the Act. The Australian Atomic Energy Commission is one of the bodies currently specified in Schedule 1 to the Regulations.
On 27 April 1987 the Australian Nuclear Science and Technology Act 1987 (Act No. 3 of 1987, assented to on 13 March 1987) came into operation. Amongst other things, that Act provided that the Australian Atomic Energy Commission was to be renamed as the Australian Nuclear Science and Technology Organisation.
The Statutory Rules amend the Regulations by omitting the now obsolete reference to the Australian Atomic Energy Commission from Schedule 1 and substituting reference to the Australian Nuclear Science and Technology Organisation.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1987, issued under the authority of the Minister for Industrial Relations, addresses the need to update regulatory references following the renaming of the Australian Atomic Energy Commission to the Australian Nuclear Science and Technology Organisation under the Australian Nuclear Science and Technology Act 1987. This amendment ensures the continuity of the application of the Maternity Leave (Commonwealth Employees) Act 1973 to employees of the renamed organisation. The policy objective is to maintain consistent and effective regulation of maternity leave provisions across Commonwealth entities, adapting to organisational changes without disrupting the rights and protections afforded to employees under the Act.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1987 No. 210 amends the existing regulations to modernise references within the Maternity Leave (Commonwealth Employees) Regulations, ensuring continued applicability to relevant authorities and employees. Specifically, the amendment addresses the transition from the Australian Atomic Energy Commission to the Australian Nuclear Science and Technology Organisation, as per the Australian Nuclear Science and Technology Act 1987. The Act applies to employees of prescribed authorities, including the Australian Nuclear Science and Technology Organisation, as defined in the Maternity Leave (Commonwealth Employees) Act 1973. The Governor-General has the power to make regulations necessary for the effective implementation of the Act, with Schedule 1 of the Regulations listing bodies corporate to which the Act applies. By updating Schedule 1 to reflect the current nomenclature, the amendment ensures that the statutory rights and entitlements under the Act remain accessible to employees of the renamed organisation.
Key Provisions
The key operative sections of the Statutory Rules 1987 No. 210, which amend the Maternity Leave (Commonwealth Employees) Regulations, are found in Section 4. This section serves to update the list of prescribed authorities under the Maternity Leave (Commonwealth Employees) Act 1973 by removing the now obsolete reference to the Australian Atomic Energy Commission and replacing it with the Australian Nuclear Science and Technology Organisation. This amendment ensures that the regulation continues to apply to the relevant entities following the renaming of the Commission to the Organisation as per the Australian Nuclear Science and Technology Act 1987.
The Act imposes several obligations and requirements on the parties it governs. For instance, Section 5 of the Maternity Leave (Commonwealth Employees) Act 1973 mandates that the Act applies to certain employees, including those working for a prescribed authority. The definition of "prescribed authority" in Section 3 further clarifies that it includes any body corporate specified in the regulations. This means that any employee of the Australian Nuclear Science and Technology Organisation, as now listed in Schedule 1 of the amended Regulations, is entitled to the benefits and protections provided under the Act.
The Statutory Rules also include provisions for compliance and enforcement. Any breach of the regulations could lead to civil or criminal consequences depending on the nature and severity of the offence. However, the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text. Typically, such regulations might involve fines, legal action, or other penalties as stipulated by the Act or other relevant legislation. The maximum penalties would be determined by the courts or other adjudicating bodies based on the specific circumstances of the breach.
Given the context of the regulations, it is also likely that any failure to adhere to the updated requirements could result in employees being denied their entitled leave and benefits, leading to potential disputes and legal challenges. Therefore, it is crucial for entities such as the Australian Nuclear Science and Technology Organisation to ensure they comply with the updated regulations to avoid any legal repercussions and to uphold the rights of their employees.